Shinnecock Indian Nation Sues United States for $1.1Billion over Land Dispossession December 6, 2012Matthew L.M. Fletcher Here is the complaint: Shinnecock Complaint PrintEmailTwitterFacebookMorePinterestTumblrRedditLike this:Like Loading... Related
I think this might be a test case in relation to the Cobell Settlement. The agreement is somewhat vague, but leaves open the possibility that any past claims, possibly including any 28 USC 2415 for loss of land or trespassing, are released by the acceptance of the agreement. Even though Cobell primarily pertains to income due or received but possibly incorrect payments, no one is clearly saying that pending 2415 claims are or are not included. That’s the question that needs to be answered. If 2415 claims are included as part of Cobell, this case could potentially be a non-issue once the Court gets to a decision. I would love to see what the official position will or is on this issue. Perhaps Turtle Talk can provide some position on this matter in the near future. BIA has several thousand pending 2415 claims that have not been processed and determined valid or not according to some articles coming out. Shinnecock appears to have met the statute of limitations for filing their claim so now it’s just a matter of whether or not officially 2415 are part of the Cobell settlement. Anxious to find out.
I guess I should quantify my previous comment. I would think that if a tribe received or is negotiating a tribal trust claim settlement presently, Cobell couldn’t impact that claim. If a tribe negotiated a tribal trust claim settlement, I would think that other past or future claims for past 2415 claims may not be accepted.